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PEOPLE v. BAUER

No. 5-09-0300.

931 N.E.2d 1283 (2010)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Christopher J. BAUER, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

July 9, 2010.

Attorney(s) appearing for the Case

Lou J. Viverito, Taylor Law Offices, P.C., Effingham, IL, for Appellant.

David Rands, Special Prosecutor, Olney, IL, Patrick Delfino, Director, Stephen E. Norris, Deputy Director, Rebecca E. McCormick, Staff Attorney, Office of the State's Attorneys Appellate Prosecutor, Mt. Vernon, IL, for Appellee.

Justice WEXSTTEN delivered the opinion of the court:

After he was indicted on two counts of felony aggravated driving under the influence of alcohol (DUI) (625 ILCS 5/11-501(d)(1)(C) (West 2008)) in the circuit court of Effingham County, the defendant, Christopher J. Bauer, filed a motion to suppress evidence that he alleged the State had obtained by misusing the grand jury's subpoena power. Following a hearing, the circuit...

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